Deoraj Sonkar and Another Vs Oriental Insurance Co. Ltd. and Another

Neutral Citation No. - 2025:AHC:68060

Court No. - 48

Case :- FIRST APPEAL FROM ORDER No. - 2965 of 2008

Appellant :- Deoraj Sonkar And Another Respondent :- Oriental Insurance Co Ltd And Another Counsel for Appellant :- Sharve Singh,A.L. Jaiswal Counsel for Respondent :- Ashutosh Vaish

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Sharve Singh, learned counsel for the appellants and Sri Ashutosh Vaish, learned counsel for Respondent No.1 Insurance Company. No one is present on behalf of Respondnet No.2, who is owner of vehicle.

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This first appeal from order has been filed on behalf of claimants/appellants under Section 173 of Motor Vehicle Act, 1988 for enhancement of compensation against the judgment and award dated 23.05.2008 passed by Motor Accident Claims Tribunal, Court No.13, Allahabad in M.A.C.P. No. 66 of 2003 (Deoraj Sonkar and another vs. Uttam Kumar Sonkar and another) by which compensation of Rs. 1,32,000/- along with 6% interest has been awarded in favour of claimants/appellants and liability has been fixed upon Respondent Insurance Company.

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It is submitted by learned counsel for appellants that the compensation awarded by the Claims Tribunal is too meager. It is further submitted that the deceased Rahul Sonkar was aged about 20 years and he was engaged as Khalasi and had earned Rs. 4,500/- per month. The income of the deceased was fully proved by producing cogent evidence and claims tribunal has erred in disbelieving the income and calculating the compensation accepting notional income of Rs. 15,000/- per annum. It is further submitted that the deceased was bachelor and claimants are parents of the deceased. The claims tribunal has erred in applying the multiplier of 13 on the age of claimants whereas the appropriate multiplier of 18 is applicable on the age of the deceased as per law settled by the Apex Court in the case of Smt. Sarla Verma vs. D.T.C. reported in 2009 (2) T.A.C. 677 (S.C.) . Lastly it is submitted that nothing has been awarded towards future prospects and only Rs. 2,000/- was awarded for funeral expenses whereas claimants are entitle for 40% future prospects and Rs. 70,000/- for non-payment damages as per judgment of Hon'ble Apex Court in

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the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017 (4) T.A.C. 673.

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On other hand, learned counsel appearing on behalf of respondent Insurance Company submits that the compensation awarded by the claims tribunal is almost just and proper and no ground for enhance is made out but he has not disputed the legal argument raised by learned counsel for appellants.It is further submitted that admittedly the deceased was unmarried and claimants are parents of the deceased, the claims tribunal has erred in deducting 1/3rd towards personal expenses, where as deduction would be 1/2 as per Judgment of Sarla Verma (supra).

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Considered the submissions of learned counsel for the parties and perused the record.

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The claims tribunal while deciding issue no. 4 has recorded the finding that the claimants have failed to prove the engagement of deceased as Khalasi as well as monthly income of the deceased. The accident was occurred in the year 2002 and the claims tribunal has erred in calculating the compensation on the basis of notional income of the deceased as Rs. 15,000/- per annum. The Hon'ble Apex Court in the case of Laxmi Devi and others vs. Mohammad Tabber, reported in (2008) 12 S.C.C. 165 has provided the notional income of Rs. 3,000/- per month for the accident of 2004, therefore, the income of the deceased is accepted as Rs. 3,000/- per month. The claims tribunal has also erred in deducting 1/3rd towards personal expenses and applying the multiplier of 13 whereas as per judgment of Hon'ble Apex Court in the case of Sarla Verma (supra) deduction would be 1/2 and multiplier of 18 is applicable as the age of the deceased was 20 years at the time of accident. The claimants/appellants are also entitled of 40% future prospect and Rs. 70,000/- for non pecuniary damages as per judgment of Hon'ble Apex Court in the case of Pranaya Shetti (supra) .

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In view of above, the first appeal from order filed by claimants/appellants is partly allowed and compensation awarded by claims tribunal is reassessed as under:

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Monthly Income: Rs. 3,000/-

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Annual Income: Rs. 3,000/- x 12= 36,000/-

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Future prospect: (40%)= 14,400/-

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Total income: Rs. 36,000+14,400/-: 50,400/-

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Deduction towards personal expenses (1/2): 50,400/- - 25,200/-

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= 25,200/-

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Multiplier applicable (18): Rs. 25,200/- x 18= Rs. 4,53,600/-

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Non-pecuniary damages =70,000/-

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Total: Rs. 4,53,600/- + 70,000/-= Rs. 5,23,600/-

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The judgment and award of claims tribunal dated 23.5.2008 is modified and compensation awarded by claims tribunal is enhanced from Rs. 1,32,000/- to Rs. 5,23,600/-. The claimants/appellants are also entitled for 6% interest on enhanced amount from the date of judgment i.e. 23.5.2008.

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The respondent insurance company is directed to pay enhanced amount along with interest within a period of two months from today.

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No order as to costs.

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Order Date :- 25.4.2025 Kumar Manish

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Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad

Deoraj Sonkar and Another v. Oriental Insurance Co. Ltd. and Another

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Deoraj Sonkar and Another v. Oriental Insurance Co. Ltd. and Another

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